Palwinder Kaur v. Jaswinder Singh

TA-1100-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.176 TA-1100-2025 Date of Decision: 15.01.2026 PALWINDER KAUR ....Applicant

Versus

JASWINDER SINGH .....Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Akshay Bansal and Mr. Vishvajeet Pal, Advocates for the applicant.

Respondent proceeded against ex parte vide order dated 29.10.2025.

***** ARCHANA PURI, J. (Oral) The applicant-wife has filed the present application for seeking transfer of the petition under Section 9 of the Hindu Marriage Act i.e. HMA/411/2025, titled 'Jaswinder Singh Vs. Palwinder Kaur', filed by the respondent-husband, pending in the Family Court, Barnala and she seeks transfer of the same to the Court of competent jurisdiction at Sangrur. Upon notice issued, the respondent did not make appearance, despite service and as such, was proceeded against ex parte. Counsel for the applicant heard.

At the very outset, it is submitted by the counsel for the applicant that the marriage between the parties to the lis, had taken place on 13.10.2019. One son born from the said wedlock, who is about 5 years old, is in the care and custody of the applicant. On account of the matrimonial dispute, the parties are residing separate. The applicant has filed the petition HIMANSHU VATS 2026.01.16 10:08 I attest to the accuracy and authenticity of this document

TA-1100-2025 under Section 13 of the Hindu Marriage Act, which is earlier in time and the same is pending in the Courts at Sangrur and the respondent is pursuing the same. The distance between the two places is stated to be about 50 kms. Also, it is submitted that it is inconvenient for the applicant, to pursue the litigation, pending at Barnala, on account of having the custody of the minor child, as well as the locational incompatibility of her village.

Considering the aforesaid submissions, more particularly, taking into consideration the fact of the applicant taking care of the minor child, considering the fact of one litigation, already pending in the Courts at Sangrur, which is being pursued by the respondent and above it, considering the fact about the respondent having not come forward to resist the application, the transfer application is allowed and the petition under Section 9 of the Hindu Marriage Act i.e. HMA/411/2025, titled 'Jaswinder Singh Vs. Palwinder Kaur', filed by the respondent-husband, stands transferred from the Family Court, Barnala, to the Court of competent jurisdiction at Sangrur. The requisite record of the aforesaid case be sent by the Family Court, Barnala, to the District and Sessions Judge, Sangrur.

Learned District and Sessions Judge, Sangrur, shall assign the said petition to the Family Court, Sangrur. Even, the parties are directed to appear before the Family Court, Sangrur, within a period of one month from today onwards.

(ARCHANA PURI) 15.01.2026 JUDGE Himanshu Vats Whether speaking/reasoned :

Yes Whether reportable :

Yes/No HIMANSHU VATS 2026.01.16 10:08 I attest to the accuracy and authenticity of this document